Terms and Conditions
AGREEMENT
You acknowledge and agree to the following terms and conditions upon contracting with My Self Move, LLC. Our responsibilities are specific and limited to the terms of this agreement. You must read, agree with, and accept all of the terms and conditions contained in this agreement which are those terms, conditions and definitions expressly set out below:
RECITALS:
The following is a non-exhaustive list of definitions that shall apply to the use of this website; other definitions are included throughout the text:
1. "You", "Your", "User" - an individual who desires to obtain certain advertised services
2. "Service Provider", "Moving Laborer" “Affiliate”- an individual, entity or organization, whom desire to provide services, such as moving labor services and others, to the consuming public.;
3. "We", "Us", "Our" - My Self Move, LLC, a Virginia Limited Liability Corporation with principal place of business in Virginia Beach, VA
4. "Services" - Moving Labor or other services advertised within My Self Move, LLC;
5. “Website” – myselfmove.com
Common Sense and Business Judgment: You agree to use common sense and good business judgment when using the Moving Labor Market Place.
Modification of Terms and Conditions:
At anytime and in our sole discretion, we may modify the terms and conditions of this agreement by posting the modified terms and conditions on our website. Except as stated below, all modified terms and conditions shall take effect immediately after posting on our website. This agreement may not be modified, amended, and or changed by you in any manner. Furthermore, we may modify or discontinue this website at anytime. Other terms and conditions: You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the marketplace at various places throughout the moving labor marketplace. You agree that those additional terms and conditions shall be considered an effective amendment to this agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
Qualification for Use of website:
You must be an individual whom can enter into a legally binding contract under applicable law in order to qualify to use this website. In compliance with the Child Online Privacy Protection Act, this website is not intended or provided for use by minors.
Neutral Venue and Digital Clearinghouse:
This website functions solely as a neutral venue and digital clearinghouse to connect you and the various Service Providers. We do not endorse any Services or Service Provider. We specifically disclaim any and all explicit or implicit endorsements or recommendations for any services or Service Provider. Furthermore, we are not involved in any manner with the provision of the Services by My Self Move, LLC. As a result of this lack of involvement, we cannot guarantee nor do we have control over the quality, accuracy, standard of service, safety or legality of the services provided by the service provider. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the service provider.
Please read Our "Transaction for Services", "Payment for Services", "Non Refundable Service Charges ","Payment for Services" , "Your Financial Obligations to Service Provider", "Your Cancellation" and "Refund Policy" terms and conditions carefully.
Transaction for Services:
By clicking "Place Order", you acknowledge and agree that you have submitted a Moving Labor Request and that this is your effective offer to enter into a transaction for the Services with a Service Provider.
Payment for Services:
Furthermore, by clicking "Place Order", you acknowledge and agree that you have authorized payments for the total amounts of the Non-Refundable Service Charges, and that you have authorized us to charge the total amounts against your credit or debit card
You agree to provide truthful, accurate and complete information at all times including but not limited to necessary credit or debit card and identification information. We cannot guarantee the ability of you to complete a transaction for any provided Services. Furthermore, due to the difficulty of individual authentication on the Internet, We cannot and will not in any manner verify or confirm your identity or ability to pay for the provided Services. Upon the completion of the Services, you represent and warrant that you will complete the transaction with the service provider by presenting the payment to My Self Move, LLC.
Non Refundable Service Charges:
A Non-Refundable Service Charge Fee is added to the final Moving Labor request charge. Please note that this fee is Non-Refundable.
Your Financial Obligations to Service Provider:
By clicking "Place Order" You are bound to certain obligations including the following: 1) You are financially responsible for the transaction for the services; 2) You are financially responsible for any and all payments owed to Service Provider; 3) Notwithstanding any violation of this Agreement or applicable federal or state law, and upon completion of the services you are financially responsible for your completion of the transaction with My Self Move, LLC by providing the "Payment ".
Review of Service Provider:
You acknowledge that you, as the customer, have the ability to control, by means of commentary and feedback on the website, the quality of the services and Service Provider for your future use and for the future use of other customers.
You acknowledge that your ability to review a Service Provider is waived if not made within sixty (60) days from the date My Self Move, LLC enters the payment code.
Your Cancellation:
You can cancel a Moving Labor request by faxing a letter to 757-689-0984 and providing the Order or Job number on the fax.
Your cancellation of a Moving Labor request or the Services, at any time and for any reason, will result in the forfeiture of the Non-Refundable Service Charges.
Disputes: Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and the service provider regarding the services. All disputes must be resolved between you and the service provider.
Privacy:
Absent an order from a competent Court of Law, We will not disclose to any non-service provider, third parties or entities unrelated to My Self Move, LLC, any information we obtain relating to you, including your IP Address, name, mailing address or e-mail address.
When you submit a moving labor request, you acknowledge and agree that you are voluntarily disclosing some of your personally identifiable information to My Self Move, LLC and their providers. My Self Move, LLC is not responsible for their privacy practices of any service provider nor are we responsible for actions of service providers in regards to your privacy or personally identifiable information.
Release/Waiver of Liability:
The transaction and any resulting provision of Services are solely between You and My Self Move, LLC, therefore, whereby there is any claims, demands, liabilities, damages or losses incurred as a result of such transaction and/or provision of Services, You, your heirs, successors and assigns, do hereby waive and release Us (Our officers, directors, agents, parent, subsidiaries, affiliated companies and employees) from any such claims, demands, liabilities, damages or losses.
No Control of Communication or Information and Content:
This website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the right to remove or restrict any communication or information that you may post to this website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of information.
Protection of Intellectual Property Content:
This website contains trademarks, service marks, copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Our sole property and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
Furthermore, you shall not reproduce, translate, copy, enhance, add to, modify, or reverse engineer or de-compile any software or software platform or other data processing program(s) upon which this website operates or is based.
Copyright Infringement Policy:
Pursuant to 17 United States Code 512(c)(2) ("Digital Millennium Copyright Act of 1998"), our designated agent for notice of alleged copyright infringement appearing on our website is:
My Self Move, LLC
% Attorney
1769 Jamestown Rd
Williamsburg, VA 23185
% Attorney
1769 Jamestown Rd
Williamsburg, VA 23185
You need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 to file a notice of infringement. The text of this statute can be found at the U.S. Copyright Office website, http://lcweb.loc.gov/copyright/.
Third Party Links:
This website may provide links to third party websites. We specifically disclaim any representation or warranty regarding the products, services, content, accuracy, reliability and function of any third party website. You agree and acknowledge that we have no responsibility or liability for any transactions, communications or interactions between you and third party websites and/or their owners. We do not endorse, recommend and/or control any third party website. Your use of any third party website, whether provided as a link by this website or not, is strictly at your own risk.
Your Information on the website:
You expressly represent and warrant the following: 1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information posted on the website, or; 2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non- exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.
You further represent and warrant that any and all of your online communication, content and/or distribution of information:
1. Will not violate any federal or state law, regulation, rule, or statute;
2. Will not violate the terms of this Agreement;
3. Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
4. Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain child pornography;
5. Will not be libelous, threatening, harassing or defamatory;
6. Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of this website, operation of any of Our systems and or create or impose a large burden or load on the website;
7. Will not be used for commercial or public purposes outside of the requirements of this Agreement;
8. Will not scan or test the vulnerability or security of Our website or the system within which it operates;
9. Will not create liability for us in any manner whatsoever;
10. Frame or link to the website;
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Termination:
We reserve the right to terminate this Agreement or the website for any reason at anytime without notice.
Security:
Our intent is to provide privacy, integrity, and authentication in regards to our Internet communication. The security measures we have taken are intended to secure and encrypt your data, so that a third party cannot capture, read or access the information while it is in transit between your computer and our system.
Specifically, we use standard-based Internet protocols to safeguard the information you provide during the purchase, payment and most information submittal processes. We use a secure server implementing the Secure Sockets Layer (SSL) protocol to interact with you when you provide personal information during the purchase and payment processes. These processes use up to 128 bit encryption.
We limit internal access to our servers and require that our employees adhere to high standards of ethics and integrity in performing their jobs and conducting business.
Arbitration:
The following shall not apply to any legal action taken by us to collect our fees and/or recover damages for, or obtain an injunction relating to, the website or our intellectual properties.
Any dispute, legal controversy, legal action or legal claim arising out of or relating to our website or this Agreement shall be settled by binding arbitration. The arbitration shall be conducted by one (1) independent arbitrator familiar with the online/e-commerce industry, and in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree, the selection shall be made by AAA pursuant to the AAA Rules. The findings of the arbitrator may not change the express terms of this Agreement and shall be consistent with the arbitrator's understanding of the findings a court of proper jurisdiction would make in applying the applicable law to the facts underlying the dispute. This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator shall be binding with no specific right to appeal. The arbitrator shall at no time award injunctive relief. The arbitrator shall at no time award relief in excess of that provided for in the Agreement and furthermore, in any event, an arbitration award shall not include an award of punitive damages and the parties hereby waive the right to recover punitive damages. Each party shall pay its own expenses of arbitration and the expense of the arbitrator shall be shared equally. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or action or controversy of any other party. The arbitration shall be conducted in Lancaster, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should either party file any action contrary to this provision, the other party may recover reasonable attorney's fees and reasonable costs.
Waiver of Jury Trial:
If for any reason the above provision requiring arbitration is declared unenforceable, void, or voidable, or if any action or judicial proceeding is permitted other than as contemplated by these provisions, each party waives any right it may have to a trial by jury and consents to the venue of such action in Lancaster, Pennsylvania.
WARRANTY DISCLAIMER
USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE IS SPECIFICALLY PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. In certain jurisdictions, the foregoing disclaimer may not apply to you.
WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE WEBSITE, OUR DATABASES, SYSTEMS AND INFRASTRUCTURE WILL OPERATE UNINTERRUPTED, WILL BE FULLY FUNCTIONAL, SECURE, WITHOUT UNAUTHORIZED ACCESS (INCUDING THIRD PARTY HACKERS) , OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO AS A RESULT OF A CONNECTION BY THIS WEBSITE.
Liability Limit:
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE OR THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification:
You agree to indemnify, defend and hold Us and our, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, damage or loss, incurred or arising out of your use of the website, breach of this Agreement, violation of any federal or state law, statute, regulation or the infringement of any third party rights including but not limited to any third party intellectual property rights.
Assignment:
This Agreement may be assigned and transferred by us to a third party at anytime and without notice to you. This Agreement may not be assigned by you.
Independent Contractor:
You hereby agree and acknowledge that Your use of this website does not confer or imply any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Us whatsoever.
Notices:
All notices shall be sent certified mail to:
My Self Move, LLC
% Attorney
1769 Jamestown Rd
Williamsburg, VA 23185
Severability:
% Attorney
1769 Jamestown Rd
Williamsburg, VA 23185
Severability:
Each provision of this Agreement is intended to be severable. If any term, covenant, condition, or other provision herein is unlawful, invalid or unenforceable for any reason whatsoever, and such illegality, invalidity or unenforceability does not affect the remaining parts of this Agreement, then all such remaining parts hereof shall be valid and enforceable and have full force and effect as though the invalid or unenforceable provisions had not been included. A waiver of any part of our performance under this Agreement shall not constitute a waiver of the whole.
Headings:
The headings contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof.
Integration:
This Agreement supersedes any and all prior discussions and agreements and the parties in this Agreement to the extent set forth herein contains the sole, final and complete expression and understanding between the parties hereto.
No Third Party Beneficiaries:
No person other than the parties hereto, shall have any rights or claims under this Agreement.
Governing Law:
This Agreement shall be governed, construed and interpreted by the laws of the State of Virginia. The courts Virginia Beach, Virginia shall have exclusive venue and jurisdiction over any dispute arising under this Agreement.
Fuel surcharge
Depending on where you are located in conjunction with our local team there may be a fuel surcharge up to $50 required.
Refund Policy
By placing an online deposit, you understand and agree to the following refund policy of My Self Move, LLC:
All moves cancelled with at least 72-hours notice (from scheduled moving date and time) will be given a full refund minus a $100 scheduling fee. Any and all moves cancelled with less than 72-hours notice (from scheduled moving date and time) will not be eligible for any refund. If a moving date change request is given with at least 72-hours notice (from scheduled moving date and time), there will be no fee to change to a mutually acceptable and agreed date. If a moving date change request is given with 24 to72-hours notice (from scheduled moving date and time), there will be a $50 fee to change to a mutually acceptable and agreed date. If a moving date change request is given with less than 24-hours notice (from scheduled moving date and time), there will be a $100 fee to change to a mutually acceptable and agreed date, however, if the moving crew has been dispatched before the date change request the balance of your move plus a $100 fee will be due and no date changes and / or refunds will be given.